Where an anarchist might have us reject any state, even a democratic state, as worse than no state, some opponents of anarchism would ask us to accept any state, even an authoritarian state, as far better than no state at all. In rejecting the first position, however, a democrat need not adopt the second. The democratic claim is only that it is better to choose a democratic state than any other state, or no state. That democratic claim leaves open how one who lives under the rule of a nondemocratic state ought to act. Decisions would require one to judge alternatives against prudence, principles, and probabilities. But the principle that no one is obligated to support or obey a bad state would clearly apply.
In choosing to support a democratic state as the best alternative, does one logically choose also to obey its laws? Presumably one might choose a democratic state from purely prudential or opportunistic considerations, without intending ever to obey any of its laws except when it was prudent or convenient to do so. But it would be highly unreasonable to choose a democratic state without accepting any obligation whatsoever to obey its laws. For the existence of the democratic process presupposes not only a body of rights, both legal and moral, but also a correlative body of duties, that is, obligations to uphold the rights. It would be logically contradictory to choose to be governed by a democratic process and refuse to support the essential requirements of the democratic process. Since we shall return to this question in chapter 10, I shall not pursue it further here.
But is one morally bound to obey every law passed by the democratic process? I do not believe that in choosing the democratic process, and by implication its essential requirements, I am thereby bound to obey every law properly enacted by means of that process. In a diverse society in which I find myself in a minority on
Copyright © 1989. Yale University Press. All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 9/20/2022 12:28 PM via UNIVERSITE DE LILLE AN: 52831 ; Dahl, Robert Alan.; Democracy and Its Critics
Account: ns002060
Page 50 some issues, a majority (even a qualified majority) might enact a law requiring me to do or refrain from doing something that violated my most profound moral commitments. I would then be faced by a conflict among my obligations. To act responsibly, I would need to consider the alternatives and their consequences and weigh as best I could the consequences of obeying or disobeying, including the effects on respect for law. Although the problem of civil disobedience is complex and requires more attention than I am prepared to give it here, in a situation of this kind it might well be reasonable for me to choose to disobey the law. 9
In sum: If I have the opportunity to choose, and believing that a democratic state is superior both to no state and to any other state I choose to support a state governed by means of the democratic process, I do not thereby choose to turn myself into an obedient robot. I may accept the moral "authority" and moral "legitimacy"
of a democratic state and yet in no sense forfeit my obligation to act responsibly when a law is enacted that seriously violates my moral standards. And sometimes responsibility may require me to disobey a law, even one enacted by the democratic process.
<><><><><><><><><><><><>
Although the anarchist critique of democracy is unconvincing, it is important to recognize its strengths. As we saw, several of its assumptions are widely shared, among others by advocates of democracy. Moreover, in portraying the possibility of society without a state, anarchism reminds us that, as a form of social control, coercion by law is marginal in most societies most of the time and in democratic orders always. The anarchist critique calls attention to important and often halfconcealed implications of democratic theory and practice. Applied to the government of a state, the democratic process may reduce but cannot by itself completely exorcise the coerciveness of the state. Unless unanimity prevails, democracy in the state may, and in practice generally does, require coercion of those who would otherwise disobey. The anarchist critique also reminds us that it is difficult and quite possibly in practice impossible to govern with the consent of all. For true consent would have to be continuous—of the living now subject to the laws, not the dead who enacted them. For a reasonable and responsible person will always treat consent not as absolute and irrevocable but as contingent. Yet no state, past or existing, fully achieves continuing consent.
Thus what the anarchist critique tells us is that all states have been, are, and perhaps always will be imperfect. The best states exist not in the universe of Plato's perfect forms but in the universe of the best attainable. And anarchism offers a criterion for evaluating states in the universe of the best attainable states. In arguing that all states are equally and absolutely bad, anarchism is not so much a political philosophy as a moral doctrine which holds that societies may be judged relatively good or bad according to the extent to which they maximize consent and minimize coercion. At the limit, then, in a perfect society coercion would cease to exist and decisions would always have the consent of all.
Copyright © 1989. Yale University Press. All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 9/20/2022 12:28 PM via UNIVERSITE DE LILLE AN: 52831 ; Dahl, Robert Alan.; Democracy and Its Critics
Account: ns002060
And is this not also part of the democratic vision? Yet in a dialogue with a thoughtful anarchist, a democrat might also add something like this:
If it is your view that coercion would not exist in a perfect or ideal society, I can't disagree. But we don't live in a perfect society, and we aren't likely to. We're likely instead to go on living in an imperfect world inhabited by imperfect human beings, that is, human beings. Therefore, unless and until your society comes into existence, the best possible society would have the best possible state. In my view, the best possible state would be one that would minimize coercion and maximize consent, within limits set by historical conditions and the pursuit of other values, including happiness, freedom, and justice. Judged by ends like these, the best state, I believe, would be a democratic state.
Copyright © 1989. Yale University Press. All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 9/20/2022 12:28 PM via UNIVERSITE DE LILLE AN: 52831 ; Dahl, Robert Alan.; Democracy and Its Critics
Account: ns002060